"The standard of consent for terms of service is low. But that “consent” is a legal fiction, designed to facilitate online interactions. (See and ’s books for more.) It’s very different from informed consent, the ethical and legal standard for human subjects research (HSR). The Federal Policy for the Protection of Human Subjects, a/k/a the , requires that informed consent include:

Ironically, banning the flavors in electronic cigarettes could have the perverse effect of decreasing e-cigarette use but increasing use of real tobacco cigarettes. Hopefully, the FDA will examine this issue closely before taking the advice of anti-smoking groups and advocates, who are already calling for a ban on e-cigarette flavorings.

Furthermore, the web site to which Wimmer links (NEwhere) does not claim that electronic cigarettes are safe. Instead, it suggests that they are safer than cigarettes. In fact, NEwhere acknowledges that electronic cigarettes are not 100% safe, as they do deliver formaldehyde. It its customers that: "electronic cigarettes are not a panacea for smokers. Electronic cigarettes do still contain the harmful chemical formaldehyde in their vapors."

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